Arathy Manual vs Lijo Sunny
2021 Latest Caselaw 587 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

              THE HONOURABLE MRS. JUSTICE M.R.ANITHA

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                         OP (FC).No.335 OF 2020

    AGAINST THE ORDER/JUDGMENT IN OP 654/2019 OF FAMILY COURT,
                           KOTTARAKKARA


PETITIONER/PETITIONER:

             ARATHY MANUAL,
             AGED 26 YEARS
             D/O. EMMANUEL, KUKKU DALE, ANJILIMOOD P O,
             SASTHAMCOTTAM., KUNNATHUR TALUK, KOLLAM - 690521.

             BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

RESPONDENTS/RESPONDENTS:

      1      LIJO SUNNY,
             AGED 33 YEARS
             S/O. SUNNY GEORGE, MARY VILLA, NELLIPPALLY PO,
             VALACODE VILLAGE PUNALUR, KOLLAM - 691305.

      2      SHEELA SUNNY
             AGED 54 YEARS
             W/O. SUNNY, MARY VILLA, NELLIPPALLY PO, VALACODE
             VILLAGE, PUNALUR, KOLLAM - 691305.

      3      SANJU SUNNY
             AGED 28 YEARS
             S/O. SUNNY, MARY VILLA, NELLIPPALLY PO, VALACODE
             VILLAGE, PUNALUR, KOLLAM - 691305.

      4      ANI PHILOPOSE,
             AGED 50 YEARS
             W/O. PHILIPOSE, VADAKKETHALAKKAL VEETTIL, PUNALUR,
             KOLLAM - 691305.


       THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
  07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.335 OF 2020

                                          2



                                 JUDGMENT

Dated this the 7th day of January 2021

M.R. Anitha, J.

This original petition has been filed seeking for an early

disposal of O.P.No.654/2019 on the file of the Family Court,

Kottarakkara. According to the petitioner, she filed

O.P.No.654/2019 for return of money and gold ornaments

against the respondents therein. The first respondent - husband

of the petitioner had filed O.P.(Divorce)No.1664/2018 before the

Family Court, Kottarakkara seeking for a decree of divorce. Both

cases are now pending before the Family Court, Kottarakkara.

But in the meantime the first respondent filed

O.P(F.C.)No.113/2020 before this Court seeking for a direction to

the Family Court, Kottarakkara to dispose of O.P.(Div.)

No.1664/2018, as early as possible. This Court as per judgment

dated 04.3.2020 issued a direction to the Family Court to

dispose that O.P.(Div) within a period of 18 months. But no

notice was issued to the petitioner and she has not been given

an opportunity to report about the pendency of O.P.No.654/2019

pending before that court. The pleadings in both cases are OP (FC).No.335 OF 2020

complete and both cases are also ripe for trial. Hence the

Family Court would be able to dispose of both cases together.

The petitioner is in urgent need of money and if O.P. (Div) is

disposed of she has to wait for a long period to get the money

and gold. Hence she approaches this Court seeking the above

reliefs.

2. Notice was issued to the respondents and both sides

were heard.

3. Admittedly by the petitioner, there is already a

direction by this Court to the Family Court, Kottarakkara in O.P.

(F.C.)No. 113/2020 dated 04.03.2020 to dispose of O.P.

(Div)No.1664/2018 within a period of 18 months from the date of

judgment. According to the learned counsel for the respondents,

evidence is already over and O.P(Div)No.1664/2018 has been

taken up for judgment by the court below.

4. O.P.No.654/2019 admittedly is a suit filed subsequent

to O.P.No.1664/2018. O.P.No.654/2019 is also one filed for return

of gold ornaments and money. So the contentions in both the

cases definitely will not be overlapped and an early disposal of

O.P. (Div)No.1664/2018 will not in anyway adversely affect the

claim of the petitioner in O.P.No.654/2019. OP (FC).No.335 OF 2020

5. Admittedly by the petitioner, the evidence in

O.P.No.654/2019 has not yet started. So it would not be possible

for the trial court to dispose of both the cases together. We do

not find that any miscarriage of justice would be caused to the

petitioner if O.P.No.654/2019 is considered separately. So at this

stage it would not be expedient to give a direction to the Family

Court to dispose of O.P.No.654/2019 at an early date as has been

sought for by the petitioner.

In the result, this original petition fails and accordingly it is

dismissed.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

                                                   M.R.ANITHA

SHG                                                     JUDGE
 OP (FC).No.335 OF 2020





                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE PETITION IN OP NO.

654/2019 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P2 TRUE COPY OF THE PETITION OP(DIV) NO.1664/2018 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 4.3.2020 IN OP(FC) NO.113/2020 OF THIS HON'BLE COURT.